Albany District Attorney David Soares yesterday said he found nothing illegal by officials of the Spitzer administration in the Dirty Tricks scandal, but his investigation found Gov. Spitzer knew as early as last May of a top aide's desire to embarrass Senate Majority Leader Joseph Bruno.

The Soares report detailed for the first time that Spitzer communications director Darren Dopp wanted to publicly tar Bruno over his use of the state air fleet with a press release in May, but was overruled by Spitzer's top two aides - and possibly the governor himself.

Spitzer told investigators that he recalled being apprised in mid-May by Dopp that there had been media inquiries into Bruno's use of state aircraft.

During one such conversation with Dopp, and possibly chief of staff Richard Baum, Spitzer was told Bruno was using state aircraft to travel to political events.

Although Spitzer did not remember seeing Dopp's proposed May 17 press release, according to the report, he told Dopp that Bruno's acts were probably not illegal because the law regulating the travel was so porous.

"Gov. Spitzer also believed that any response would be an unnecessary distraction," the report said.

Spitzer denied to investigators being involved at all in the gathering of information concerning Bruno.

Spitzer press secretary Christine Anderson told investigators that Dopp appeared upset that his proposed press statement against Bruno was not going to be released.

But Dopp continued on, trying to determine whether he was required to refer the issue to an investigatory agency, according to the report.

During this time, Dopp said he had discussions with a reporter from the Albany Times Union about the use of the state aircraft and began accumulating the documents - which had to be created specially - to comply with what he anticipated would be a formal request from the reporter under the freedom of information law.

Despite Spitzer telling Dopp in May that Bruno likely did nothing illegal, Dopp told reporters after the Times Union story on Bruno's travel ran on July 1 that the governor's office would likely call for an investigation.

Spitzer, according to the report, was aware of the discussions to seek the investigation - which cleared Bruno - but not party to them.

Critics noted he did not stop his aides from moving forward with the plan.

Bruno questioned the thoroughness of Soares' investigation, saying "it seemed like they gave it the once-over lightly."

NY Post